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Sununu Signs Sex Education Parental Notification Bill

Gov. Chris Sununu signed his second bill since becoming governor on Monday. House Bill 103 requires school districts to provide at least two weeks notice to parents and guardians of course material involving discussion of human sexuality or sex education, and to make course curriculum materials available to parents on request.

“This bipartisan legislation is consistent with my longtime support for measures that further empower parents’ involvement in their child’s education,” Sununu said in a statement. “It is important to let parents know what students are learning and this bill encourages clear and open lines of communication regarding curriculum content in this important area.”

Third time’s a charm for Rep. Victoria Sullivan, R-Manchester, who put forward the same legislation for the past three years. Former Democratic Gov. Maggie Hassan previously vetoed it.

Sullivan put the bill forward due to a personal experience she had with her 8-year-old son who was shown what she thought was an inappropriate video in class. She wasn’t notified before that the video would be displayed for her child.

“Parents and parent groups throughout the state worked hard to make their voices heard,” Sullivan said in a statement. “Today, I am happy to say, the little guys won. It is a good day for parental rights in New Hampshire. More importantly, it is a good day for New Hampshire’s public school children. I am grateful to the Governor for signing this important piece of legislation into law.”

Supporters say the law gives parents the power to approve of the material their children are being taught at school. Opponents, including the New Hampshire School Boards Association, the New Hampshire School Administrators Association, and the American Civil Liberties Union, say it will create challenges when it comes to teachers leading class discussion in sex education.

“This bill jeopardizes Granite State students’ ability to get the critical information they need to make healthy lifelong choices,” said Kayla Montgomery, director of advocacy and organizing at Planned Parenthood of Northern New England. “We are disappointed Governor Sununu who did not listen to the thousands of constituents and experts both in education, public health, and local school administration who opposed this bill.”

The legislation amends existing law, which allows parents or legal guardians to opt their child out of material they find objectionable. Now, schools must give advance parental notice of curriculum materials.

Currently, 22 states and the District of Columbia require school districts to allow parental involvement in sexual education programs. Four states — Arizona, Nevada, Utah, and now New Hampshire — require parental consent before a child can receive instruction.

New Hampshire is ranked as one of the best states for teaching sexual education in schools, according to data from the Centers for Disease Control and Prevention (CDC). The CDC surveyed schools to ask if health instruction included 16 “critical” sexual education topics, which includes “how to create and sustain healthy and respectful relationships,” “how to obtain condoms,” and the “importance of limiting the number of sexual partners.”

New Hampshire, New Jersey, and New York were the only states to teach all 16 topics in at least 75 percent of schools.

The New Hampshire Democratic Party quickly criticized the governor for signing a bill that makes “it harder for schools to teach sex-ed.”

The first bill Sununu signed as governor repealed required permits for concealed carry firearms. Right-to-work legislation failed to make it to his desk, which he would have likely signed, after the measure failed to pass in the House.

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Opponents of Flag Desecration Law Say House Bill Targets Low-Income Families

It’s not often that the New Hampshire Legislature proposes a law that goes against a U.S. Supreme Court ruling. But that’s what Rep. Robert L’Heureux’s bill on flag desecration did.

The Merrimack Republican introduced House Bill 532 in the House Health, Human Services and Elderly Affairs Committee on Wednesday, which would have prohibited a person who desecrates a United States flag or New Hampshire state flag from receiving financial assistance from the state, including, but not limited to, “financial assistance to needy families, food stamps, and tuition assistance.”

“All we have to do is watch the news on tv and you see the American flag being burned, trampled on, and desecrated,” L’Heureux testified before the committee. “I fully agree and support freedom of speech. However, I don’t think I, as a private citizen or individual, should financially support someone who refuses to accept what we stand for.”

He said he understood that this bill was likely not going to pass and attorneys told him that it’s illegal. In fact, the bill received an “inexpedient to legislate” on a 18-1 vote. Two representatives switched their vote to go against the bill after the committee first voted on whether it “ought to pass.” Rep. Donald LeBrun, R-Nashua, was the only representative to fully support the bill after two rounds of voting.

Even though L’Heureux knew the bill was going to fail, he said he was trying to raise awareness for an issue.

“When we meet veterans and veteran survivors, we need to be able to tell them that we’ve done everything we can within the scope of the law,” he said.

The U.S. Supreme Court ruled in Texas v. Johnson (1989) and reaffirmed in U.S. v. Eichman (1990) that due to the First Amendment, it is unconstitutional, including federal, state or municipalities, to prohibit the desecration of a flag due to its status as “symbolic speech.”

However, restrictions may be imposed to regulate the time, place, and manner of flag desecration. For example, if the flag that was burned was someone else’s property, they could be charged for petty larceny or with destruction of property.

There have been several proposed Flag Desecration Amendments to the U.S. Constitution, which would allow Congress to enact laws prohibiting the act. To be added to the Constitution, it must be approved by a two-thirds vote of those present in both chambers and be ratified by at least three-fourths of the 50 state legislatures.

The closest the amendment ever came to getting through Congress was in 2006, when the House passed a resolution 286-130, but it fell short in the Senate by one vote, 66-34. The Republican nay votes included Sens. Bob Bennett of Utah, Lincoln Chafee of Rhode Island, and Mitch McConnell of Kentucky.

Despite flag desecration being illegal, an Associated Press analysis shows at least 40 states still have them, punishing those who burn or damage the U.S. flag or even state flags with fines and jail time. At least eight people have been arrested since 2007 for burning a flag while walking in traffic or hanging a torn flag from a tree. There are also some Southern states that extend the law to Confederate flags.

But a lot of lawmakers don’t see the need to remove the law from the books because it could be seen as politically motivated even though it’s already been illegal according to the highest court. Arkansas, Connecticut, Missouri, New Hampshire, and Rhode Island have been the only states that took any action to get rid of their flag-desecration laws. Alaska, Wyoming, and Wisconsin don’t have any laws about it.

Opponents of the proposed New Hampshire law found problems that it went against a Supreme Court decision, but also that it would take away state financial assistance from people.

“The fundamental problem with this bill is that is constitutes viewpoint discrimination,” said Gilles Bissonnette, legal director of the New Hampshire chapter of the American Civil Liberties Union (ACLU). “The state can’t withhold that benefit on the basis of someone’s viewpoint. You don’t lose your free speech rights when obtaining government assistance.”

Despite knowing that the bill was illegal, many Republican representatives agreed with the sentiment of the bill, and made that known throughout the hearing.

Rep. Mark Pearson, R-Hampstead, said the ACLU supports colleges and students that want “trigger warnings” to be included on class syllabi or on campus, so why shouldn’t they support people who find flag burning trigger-worthy?

Rep. Martin Bove, R-Londonderry, asked if he were to burn a Mexican or Saudi Arabian flag, would that be considered hate speech?

Bissonnette said the ACLU would consider that free speech.

Sarah Mattson Dustin, policy director for NH Legal Assistance, said the bill targeted low-income families who might not have alternative methods to disposing of flags in a proper manner.

“The bill would prohibit financial assistance that is not limited to Medicaid and other programs,” she said. “When you think about that in context, you think about someone in their youth, should we prohibit them from receiving these programs later in life?”

Mattson Dustin said one of her biggest issues with the bill was that the language was vague.

“The bill does seem directed toward people who are receiving assistance programs, and I don’t know it could apply to someone who would get a state contract,” she said. “The language is very broad.”

L’Heureux said he would be supportive if the committee drafted a resolution saying they believe flag desecration is un-American, and it was subsequently passed in both chambers of the Legislature. Or he would wait until the Supreme Court decision was overturned. Either way, he said he wasn’t done pushing this issue.

 

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How Democrats Who Refuse Compromise Could Wind Up Hurting Their Party

There are 19 groups in New Hampshire that have signed on to completely resist President Donald Trump, and they’re trying to take a page out of the Tea Party’s playbook.

A new national organization called “Indivisible” is going back to the basics: push back against Trump from the grassroots level. The group published a manifesto, essentially a manual on how to resist the Trump agenda, written by former Democratic congressional staffers.

“We examine lessons from the Tea Party’s rise and recommend two key strategic components: A local strategy targeting individual members of Congress; a defensive approach purely focused on stopping Trump from implementing an agenda built on racism, authoritarianism, and corruption,” they wrote.

Indivisible, which has more than 2,400 local groups registered with them, is advising voters to assemble at the local level and have members focus on their respective elected senators and representatives by speaking out at town hall meetings, asking their elected officials questions at local photo-ops and ceremonies, showing up at their district offices for meetings, and overwhelming their phone lines with coordinated calls.

“We can all learn from their [the Tea Party] success in influencing the national debate and the behavior of national policymakers,” the group wrote. “To their credit, they thought thoroughly about advocacy tactics.”

Many progressives are trying to recreate the circumstances that led to a wave of Republican victories in Congress and state legislatures in the 2010 midterm elections. Republicans gained control of the House of Representatives, gained more seats in the Senate, and flipped several state legislative seats, mostly campaigning on conservative ideals and anti-President Barack Obama rhetoric. But liberals could find it difficult to implement a similar strategy and might find more success if they work with Trump when possible.

The Democratic Party enters the Trump presidency completely shut out of power, with Republicans in control of the White House, House, Senate, and even most state governments. And they’re already divided amongst themselves with progressives versus moderates, and whether they should oppose Trump or work with him on common interests.

Just after his first week in office, it looks like many Democrats and progressive activists want to resist him at every step. The American Civil Liberties Union already filed a lawsuit challenging Trump’s executive order that temporarily bars entry to refugees from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen due to terrorism concerns. A federal judge granted an emergency stay Saturday to stop deportation of people with valid visas who landed in the United States.

But if they continue that mentality, they might run into some trouble in the 2018 midterm elections and even the 2020 presidential election. Even though the party in charge usually doesn’t do well in midterm elections, many House seats will still favor Republican control due to gerrymandering. And Democrats have to defend 10 Senate seats in Republican-controlled states. The political terrain isn’t favorable for them right now.

By refusing to compromise, Democrats may be unable to influence policy even when the president’s agenda aligns with traditional Democratic interests. It’s true that rejecting compromise can reveal internal differences and struggles within the president’s own party, such as with the ongoing Republican debate on repealing Obamacare. More damage could be done by working with Trump and exposing the internal divide in the Republican Party that’s been there since the rise of the Tea Party movement in 2009.

An area some Democrats and Trump could work on together is infrastructure spending, albeit with some disagreements on how to fund it. Trump will almost need Senate Democrats to help get it through Congress. Some of his ideas resemble the “big-government conservatism” of George W. Bush that upset many Tea Partiers. Working out a few deals with Trump could anger some Republicans, and it might do more damage to the president than being vehemently opposed to everything he does.

If the Democrats could unify around that message, they could be in much better shape to retake Congress and the presidency, and ultimately be able to govern themselves and the country better than before.

Uncompromising Democratic opposition is essentially saying the party wants to be more like the Republican Party, by trying to emulate what the Republicans did in 2009. But while the Republicans were “unified” by being anti-Obama anything, they didn’t take the time to rebuild as a party and create a clear message for the base. That was evident by the loss of Mitt Romney in 2012. And now, look at them. They ended up nominating a candidate who barely aligns with their platform. They have full control over the federal government, but they still are struggling to be unified over how to run it, as exhibited by disagreement over many of Trump’s policies.

While it’s understandable that Democrats and progressive activists would want to go about rebuilding their party the same way the Republicans did in 2009, it’s better for their party to engage with Trump in policy debates because those issues are ones they can build a campaign on, and not just on partisan rhetoric.

The Democrats have a prime opportunity to genuinely build their party from the grassroots level up. If the loss of Hillary Clinton in the 2016 election taught them anything, it’s that they need to listen to the working class in Middle America again and create a message that appeals not only to their base, but also to disenfranchised voters who feel left out of the system.

It’ll prove to be difficult for them to do that though, especially with some major players on the national stage that see the party going in a different, more radical direction.

Just look at the confirmation hearing battles. Several Democratic senators who are looking to run for president in 2020 won’t vote for anything put forward by Trump out of fear from attacks to their left. John Kelly was confirmed as secretary for homeland security by a vote of 88-11. Some of those “no” votes came from Sens. Elizabeth Warren (D-Mass.), Cory Booker (D-N.J.), and Kirsten Gillibrand (D-N.Y.). The more moderate Democrats might feel pressure to vote a certain way in order to follow suit, and especially when the media reports that former Democratic presidential candidate Bernie Sanders, Warren, and Booker voted one way, it could make it seem like the Democrats who don’t fall in line aren’t supportive of the party.

An unpopular Trump could win another four years if the next Democratic presidential leader is too far outside of the political spectrum.

And speaking of leaders, the race for the next chair of the Democratic National Committee is revealing to show how anti-Trump and against compromise the Democratic Party could be. While members of their party were participating in the Women’s March earlier this month, most of the 10 candidates for DNC chair were at a private fundraising conference held by liberal political operative David Brock. The message that could send to grassroots leaders is that the Democratic Party hasn’t learned its lesson from its recent defeat and instead, continues to listen to big money rather than voters.

The latest forums between the candidates have also shown that there aren’t many disagreements between them; they don’t have many new ideas to jumpstart the party, and they all have zero desire to work with Trump.

“That’s a question that’s absolutely ridiculous,” said New Hampshire Democratic Party chairman Ray Buckley at one of the forums, when he was asked about working with Trump.

If the Democrats try to imitate the Tea Party movement, don’t create a unifying message for its voters, and resist Trump at every turn, then they’re in for a long eight years.

 

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